Termination and Offboarding
Acadia Marketing LLC
1. Purpose and Scope
This page explains how an engagement with Acadia Marketing LLC, a Maine limited liability company ("Acadia Marketing LLC", "we", "us"), may end and what happens afterward. It applies to website design and development, website hosting, domain name management, email setup, search and advertising management, SMS and text-message lead alerts, and client website and domain transfer services, as well as the Sites we operate or issue to clients. It supplements the applicable agreement between you and us. If this page and the applicable agreement conflict, the applicable agreement controls.
2. Ending an Engagement
Either party may end an engagement in the manner and on the notice provided in the applicable agreement. Where the applicable agreement is silent, either party may end the engagement by giving written notice to the other, and the engagement ends on the date stated in the notice or, if none is stated, upon receipt.
We may also suspend or end an engagement where you materially breach the applicable agreement, fail to pay amounts when due, or use the services in a way that violates our Acceptable Use Policy. We will act in a manner consistent with the applicable agreement and, where practicable, will tell you the reason.
3. Notice
Notice to us must be in writing and sent to info@acadiamarketingmaine.com or to our mailing address at 218 Pond Road, Wilton, ME 04294. Notice to you will be sent to the contact details we hold for your account. Notice is effective as described in our Electronic Communications and Notices page. Please keep your contact details current so that notices reach you.
A notice of termination should identify the account, the services affected, and the designated recipient authorized to coordinate the handover. We may ask you to confirm your authority before acting on a notice.
4. Final Invoices and Outstanding Amounts
When an engagement ends, we will issue a final invoice for services performed and charges incurred through the end of the engagement, in accordance with the applicable agreement. Amounts that are already due remain due. Charges that third parties impose for work already committed on your behalf, such as registrations, renewals or advertising spend, remain your responsibility to the extent the applicable agreement provides.
We may require that final invoices be settled before completing a handover of credentials, domains or files, to the extent the applicable agreement permits. Termination does not entitle you to a refund of amounts properly paid, except as the applicable agreement states.
5. Handover of Credentials, Domains and Files
After notice and, where required, settlement of amounts due, we will cooperate in a reasonable handover of the following items that belong to you or are held for you:
- access to accounts that we established on your behalf, with control returned to you or your designated recipient;
- domain names registered for you, released or transferred in line with the registrar's requirements and our Website and Domain Transfer Terms;
- website files, content and data that you own or are licensed to receive under the applicable agreement and our Intellectual Property and Copyright page;
- advertising and analytics accounts, where those accounts are held in your name or are transferable under the applicable agreement and the rules of the relevant platform.
Handover is carried out through secure means. Access codes, transfer codes and credentials are issued and verified under our Access Code and Authentication Policy, and related activity is recorded as described in our Access Logging and Security Notice. We may decline to release items to a person we cannot reasonably verify as authorized.
Materials that we or third parties own, including software, templates, tools and licensed components, are not part of the handover unless the applicable agreement says so. Third-party services may have their own transfer rules, which we cannot override.
6. Hosting During Transfer
Where a website or domain is being transferred away from us, hosting and related services continue under the existing agreements until the transfer is complete. Charges for those services continue as provided in the applicable agreement during that period. A transfer is complete when you or your designated recipient confirms that the website, domain and related services are operating from their new location, or when the parties otherwise agree in writing.
We do not guarantee that a transfer will be free of interruption. Timing can depend on the registrar, the hosting provider, the messaging carrier and other third parties, and on prompt action by you. You are responsible for arranging replacement hosting, email and other services before the transfer is completed.
7. Text-Message Lead Alerts and Advertising
When an engagement ends, we will stop sending SMS and text-message lead alerts for your account and will stop managing search and advertising campaigns on your behalf, unless the parties agree otherwise in writing. Any recipient may opt out of text messages at any time as described in our Privacy Policy. We are not responsible for campaigns, listings or subscriptions that continue to run under accounts you hold after we stop managing them.
8. Deletion of Data and Files
After the transfer is complete, or after the engagement ends where no transfer is requested, we will delete or de-identify website files, content, backups and account data we hold for you within a reasonable period, except where retention is required or permitted for legal, tax, accounting, security or dispute-resolution purposes. Retained records are kept only as long as needed for those purposes and are handled under our Privacy Policy.
We recommend that you confirm you have received everything you need before deletion. Once data has been deleted, we may be unable to recover it, and we have no obligation to restore it.
9. Survival
Provisions that by their nature are intended to continue after an engagement ends will survive. These include obligations to pay amounts due, confidentiality obligations, the intellectual property terms, the Disclaimers and Limitation of Liability, indemnities and releases in the applicable agreement, and the Governing Law and Dispute Resolution terms. Ending an engagement does not affect rights or liabilities that arose before it ended.
10. Governing Law and Contact
This page is governed by the laws of the State of Maine, and venue for any dispute lies in Cumberland County, Maine, as further described in our Governing Law and Dispute Resolution page. Questions about ending an engagement or about offboarding may be sent to info@acadiamarketingmaine.com or by telephone to (207) 716-9079. Please also review our Terms of Use for the general terms that apply to the Sites.
